It is possible that the first agent will claim that they were the procuring cause of the sale (if it goes through) and thus entitled to the buyer's agent commission. You should discuss this with your current buyer's agent.
Leslie A. Margolies, Esq. is an attorney and Director of The Real Estate Law Group which provides affordable legal representation (sliding scale) for people with property problems in all counties of Pennsylvania. Her services include real estate and landlord tenant litigation, real estate transactions and document preparation. Please note that responses to questions on this website are for general purposes only. Such responses may not be considered legal advice and do not establish an attorney-client relationship.
You should look carefully at your agreement with the previous buyer's agent. It should say what happens in a situation like this. As a previous answer suggested, the previous buyer's agent could argue they were a "procuring cause" of the purchase, entitling them to commission. You may wish to review the agreement with a lawyer if, after reading it carefully, you are unsure what to do. Good luck.
Yes, as advised, be careful. Read the contract carefully. It is possible that the first agent will claim a commission if he was the one who first engaged the seller for you. I do not have enough real estate litigation experience to fully advise you so I suggest your contact a lawyer who handles this area of law.
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